Create Your Separation Agreement


Agreement to be:


Frequently Asked Questions

What does a Separation Agreement deal with?A Separation Agreement deals with and records such issues as property, debts, child custody, spousal maintenance and other issues that arise when a marriage ends.What if both parties reside in different States?If both parties reside in different states, then select the state where you intend to apply for divorce. Your agreement will be created based on the rules and regulations of that state.Is the Separation Agreement binding?As long the terms of the Separation Agreement are fair, both parties have given full disclosure regarding assets and debts, is in the best interest of the children (if any) and the document is properly executed, it will be held as valid by the courts.

First Party

Frequently Asked Questions

Can we use this separation agreement if we are living common law?This separation agreement is intended for married couples and may not be suitable for couples who are living common law.

Second Party

Frequently Asked Questions

Can we use this separation agreement if we are living common law?This separation agreement is intended for married couples and may not be suitable for couples who are living common law.

Marriage Details


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Separation

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Frequently Asked Questions

What does it mean to be living separately?In many jurisdictions, 'Living separate and apart' does not HAVE to mean in separate residences.

If your relationship has ended but both spouses are still living in the home for one reason or another (money, kids, etc.), you may still be considered to be living 'separate and apart' if you are no longer behaving as though you were married.

Some of the circumstances a court may consider in determining if the spouses are living separate and apart are:

(a) physical separation;

(b) withdrawal by one or both spouses from the matrimonial obligation with the intent of destroying the matrimonial consortium, or of repudiating the marital relationship;

(c) the absence of sexual relations is not conclusive but is a factor to be considered;

(d) lack of communication between the spouses regarding family problems;

(e) absence of joint social activities;

(f) the meal pattern;

(g) the performance of household tasks;

(h) making separate financial plans and treating assets separately; and

(i) financial arrangements regarding necessities of life such as food, clothing, shelter, recreation, etc.

Children

Frequently Asked Questions

When is a child financially dependent?Child maintenance in must be paid until the child is 18 years of age or while the child is still financially dependent on the parents (such as physically disabled or attending school).

Spousal Support

Frequently Asked Questions

What is spousal support?Spousal support (or alimony) is financial support that is sometimes paid by one spouse to the other spouse when their marriage or common-law relationship breaks down. The idea behind spousal support is to redistribute wealth such that one of the spouses does not face economic inequality at the end of the relationship.What is the difference between spousal support and child support?Child support is a financial obligation where one parent has a duty to make payments for the support of his or her children, while spousal support refers to payments made to a spouse in order to relieve financial inequality at the end of a relationship. Children, being the responsibility of both parents, are always entitled to child support, while spousal support is usually dependent on need and ability to pay.

Child support is not a payment that affects taxes. The payment is not deductible by the person paying child support and is not viewed as taxable income by the person receiving the payment. In contrast, spousal support is usually tax deductible for the spouse that is paying and is treated as taxable income by the spouse receiving the payment.
How should we decide on the amount and duration of spousal support payments?You may want to consider the following factors when addressing spousal support:

  • Length of the marriage – Usually the longer a couple is married, the longer one spouse becomes financially dependent on the other.
  • Former standard of living – Generally courts like to see the financially dependent spouse live according to the standard of living he/she has become accustomed to during the marriage.
  • Future financial prospects of the paying spouse – Spouses who are likely to be earning more in the future are often expected to pay more spousal maintenance.
  • Future financial prospects of the receiving spouse – Spouses who are not likely to earn as much in the future, may require more maintenance.
  • The age and health of the receiving spouse – Younger spouses who are in good health are generally viewed to require shorter periods of support as they can still enter the work force and find a means of providing for themselves. On the other hand, if the spouse is older or in poor health, they may require more support as they may not be as likely to provide for themselves.
  • Whether the receiving spouse made any contributions to the paying spouse’s education or career – If the spouse who is requiring support has made contributions to the other spouse’s career, or has suffered economic disadvantage because of a career compromise (i.e. raising children of the marriage), then that spouse can usually be expected to be compensated accordingly by the other spouse.
Am I legally entitled to spousal support?Spousal support, unlike child support, is not necessarily guaranteed. It is usually dependent on the receiving spouse’s need and the paying spouse’s ability to pay. That being said, if your agreement provides for no spousal support you should be extra careful before signing the agreement as it may be difficult to obtain support later on should your circumstances change.

Marital Home

Frequently Asked Questions

What is a "marital home"?A marital or matrimonial home refers to the home that the spouses shared as their family residence before their separation. Usually both spouses have equal ownership rights in the matrimonial home, regardless of whose name the title is registered. However, pursuant to a separation agreement the parties can opt out of matrimonial property laws of their State.What is a "Quitclaim Deed"?A Quitclaim Deed is a document used to transfer whatever interest or title a spouse may have in a real property. You may access a Quitclaim Deed at our website.

Husband's Assets

Frequently Asked Questions

How should we go about dividing our property?The most important thing to remember is to be open and honest, and disclose all assets. Below are some suggestions to help you get started:

  • Come up with a list of all your assets – List all assets that you own jointly.
  • Appraise the value of your assets – Put a price on the assets you are distributing. For larger assets such as real estate (or anything else that may be difficult to value), you should seek an expert opinion.
  • Decide who will get what – Is there a logical owner to certain property? Go through your list of assets and choose who has a reason for receiving the item. You may want to consider exchanging one larger item for several smaller items to ensure an equal split.

Wife's Assets

Frequently Asked Questions

How should we go about dividing our property?The most important thing to remember is to be open and honest, and disclose all assets. Below are some suggestions to help you get started:

  • Come up with a list of all your assets – List all assets that you own jointly.
  • Appraise the value of your assets – Put a price on the assets you are distributing. For larger assets such as real estate (or anything else that may be difficult to value), you should seek an expert opinion.
  • Decide who will get what – Is there a logical owner to certain property? Go through your list of assets and choose who has a reason for receiving the item. You may want to consider exchanging one larger item for several smaller items to ensure an equal split.

Husband's Debts

Wife's Debts

Additional Clauses

You can add your own clauses to the Separation Agreement if there are details, terms, restrictions, etc. that you wish to add. The clause(s) will appear in your Separation agreement exactly as you type them here.

Signing Details



Frequently Asked Questions

Do I need to show this separation agreement to a lawyer before it is signed?While it is not necessary to show this agreement to a lawyer before you sign, it is a good idea. This is especially the case if you are confused or uncertain about any of the clauses. If you require a review, ensure that you have your agreement reviewed by your own lawyer (not your spouse’s lawyer) before you sign.

While it is recommended, generally, it is not necessary to obtain a Certificate of Independent Legal Advice from a Lawyer.

What is a "Certificate of Independent Legal Advice"?A "Certificate of Legal Advice" is a document that confirms that a spouse has received legal advice from their own lawyer.

This document may prevent your spouse from later claiming that he or she didn't understand the separation agreement or the consequences of it.

It is best to always obtain a Certificate of Independent Legal Advice from a Lawyer.
If the laws of Alberta will govern this agreement (i.e. be used to interpret this agreement or decide any disputes), then each spouse must acknowledge, in front of a lawyer, that they are aware of the nature and the effect of the separation agreement. This acknowledgment is called a "Matrimonial Property Act Acknowledgment" and you must sign it before a lawyer who is not acting for your spouse.If the laws of Saskatchewan will govern this agreement (i.e. be used to interpret this agreement or decide any disputes), then each spouse must acknowledge, in front of a lawyer, that they are aware of the nature and the effect of the separation agreement. This acknowledgment is called a "Family Property Act Acknowledgment" and you must sign it before a lawyer who is not acting for your spouse.You must choose a competent adult to witness the signing of this agreement.Are there any requirements for the signing of Separation Agreement?Typically, if the Separation Agreement deals with real estate (e.g. how the house will be divided), then it must be notarized and be executed in front of two witnesses.

It is best to sign the Separation Agreement in front of your own lawyer and to receive a Certificate of Independent Legal Advice from your lawyer. Alternatively, we suggest that you consider seeing a notary public or at minimum sign the document in front of one or two witnesses.
How many copies of the separation agreement are needed?You will need at least two copies: one for you and one for your spouse. Ensure that you print copies of the agreement before you sign so that each copy will have an original signature.
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